For several decades, status Indian women automatically became non-status if they married men who were not status Indians.
Prior to 1955, a status Indian could lose their status and become non-status through enfranchisement (voluntarily giving up status, usually for a minimal cash payment), by obtaining a college degree or becoming an ordained minister.
The 2013 Federal Court case Daniels v. Canada established that non-status Indians (and Métis) have the same aboriginal rights as status Indians, in that they are encompassed in the 1867 Constitution Act's language about "Indians".[1] However, the 2014 Federal Court of Appeal decision "Daniels v Canada" overturned that verdict after the government appealed.[2] In 2016, the Supreme Court of Canada upheld the 2013 verdict after a subsequent appeal on the 2014 decision. As a result, the federal government has jurisdiction and fiduciary duty over status Indians, non-status Indians, and Métis alike.[3]
status, indian, canada, term, status, indian, french, indiens, inscrits, refers, first, nations, person, whatever, reason, registered, with, federal, government, registered, band, which, signed, treaty, with, crown, several, decades, status, indian, women, aut. In Canada the term non status Indian French Indiens non inscrits refers to any First Nations person who for whatever reason is not registered with the federal government or is not registered to a band which signed a treaty with the Crown For several decades status Indian women automatically became non status if they married men who were not status Indians Prior to 1955 a status Indian could lose their status and become non status through enfranchisement voluntarily giving up status usually for a minimal cash payment by obtaining a college degree or becoming an ordained minister The 2013 Federal Court case Daniels v Canada established that non status Indians and Metis have the same aboriginal rights as status Indians in that they are encompassed in the 1867 Constitution Act s language about Indians 1 However the 2014 Federal Court of Appeal decision Daniels v Canada overturned that verdict after the government appealed 2 In 2016 the Supreme Court of Canada upheld the 2013 verdict after a subsequent appeal on the 2014 decision As a result the federal government has jurisdiction and fiduciary duty over status Indians non status Indians and Metis alike 3 See also editUrban Indian Treaty Indian Detraditionalization Detribalization Tribal disenrollmentReferences edit Pemberton Kim January 8 2013 Court decision ends ambiguity for non status Indians and Metis now officially Indians Vancouver Sun Rennie Steve November 19 2014 Metis Non Status Indians To Learn If Top Court Will Hear Landmark Case Huffington Post Canadian Press Galloway Gloria Fine Sean April 14 2016 Metis non status Indians win Supreme Court battle over rights The Globe and Mail nbsp nbsp This article about Canadian law is a stub You can help Wikipedia by expanding it vte nbsp This article relating to the Indigenous peoples of North America is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Non status Indian amp oldid 1179601156, wikipedia, wiki, book, books, library,
